Records request suit settled in Addison Fire Dept. dispute

Rollin Township’s lawsuit against the Addison Fire Board over a Freedom of Information request for several expense receipts was resolved Monday in Lenawee County Circuit Court.

The information reques­ted on June 21 was included in a motion filed in September by the fire board’s attorney, asking for the complaint to be dismissed.

“We no longer have a dispute between the two parties,” said attorney Nicholas Dondzila of Grand Rapids at Monday’s court hearing.

“After we filed suit we received all the documents,” said Rollin Township attorney Phillip Schaedler.

Judge Timothy P. Pickard agreed with Schaedler’s arguments that the fire board was given a proper request by email and had failed to respond within the time required by state law. Pickard ordered the fire board to pay the township’s attorney and court expenses as a final resolution to the case. Schaedler is to submit a bill.

A dispute between Rollin Township and Addison Fire Department officials began earlier this year over receipts for a number of questioned expenses. Fire chief Tim Shaw reported at the fire board’s July meeting he had turned over all the receipts he was able to find.

An affidavit from Shaw attached to a motion to dismiss the Freedom of Information Act suit provided more information. Receipts were found for 20 $15 gift cards purchased for fire department employees for a Christmas party last year. Shaw also stated he used the fire department credit card by mistake on Feb. 23 this year to pay for breakfasts at the Bob Evans restaurant in Adrian and two gasoline purchases for his private vehicle. He stated the three Feb. 23 charges were later deducted from his paycheck.

Dondzila argued the fire department and fire board were not required to turn over the receipts under a Freedom of Information request because “none of these have any bearing on the essential function of the fire department.”

Pickard rejected that argument.

“The court does believe these are discoverable under the Freedom of Information Act,” he said.Dondzila also argued the township treasurer’s email request to the fire chief was not proper. The chairman of the fire board is the official responsible for Freedom of Information Act requests.

Schaedler cited sections of the state law recognizing electronic requests and requiring employees of public bodies to promptly forward information requests to the authority responsible for Freedom of Information Act compliance.